Holmes v. Ohm
Cases that cite this one
4 later published cases cite this decision.
- Howard Ins. Co. of New York v. Silverberg (U.S. Circuit Court for the District of Northern California 1898)
- Clark v. Dreyer (Colo. App. 1897)
- Clark v. Dreyer (Colo. App. 1897)
- Parrott v. Scott (Mont. 1887)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
delivered the opinion of the Court—Norton, J. concurring.
This Is an action upon an undertaking on appeal. The defendants demurred to the complaint, on the ground that it did not aver any delivery. The complaint avers that the defendants executed the undertaking sued on, copying the same in full into the complaint, with the indorsement thereon, showing that the undertaking was filed in the Clerk’s office on the twenty-seventh day of March, 1862. This is clearly sufficient to entitle the plaintiff" to recover thereon. These undertakings are not required by the statute to be delivered to the obligee when executed, but to be filed in the Clerk’s office, for the use and benefit of the parties entitled to them.
The judgment is therefore affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.